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PEACE RIVER ELEC. CO-OP., INC. v. WARD TRANS. CO., INC.

No. 9210SC847.

449 S.E.2d 202 (1994)

116 N.C. App. 493

PEACE RIVER ELECTRIC COOPERATIVE, INC., Plaintiff and Third-Party Plaintiff, v. WARD TRANSFORMER COMPANY, INC., Defendant, and Nationwide Mutual Insurance Company and Electro-Test Corporation, Third-Party Defendants.

Court of Appeals of North Carolina.

October 18, 1994.

Attorney(s) appearing for the Case

Crisp, Davis, Schwentker, Page, Currin & Nichols by Cynthia M. Currin, Raleigh, for plaintiff-appellee.

Brent E. Wood, Raleigh, for defendant-appellant.

Bailey & Dixon by Dorothy V. Kibler and Lauren A. Murphy, Raleigh, for third-party defendant-appellee.

JOHN, Judge.

Defendant Ward Transformer Company, Inc. (Ward) appeals dismissal of its counterclaims. A first order, dated 27 April 1992, entered judgment on the pleadings in favor of plaintiff Peace River Electric Cooperative, Inc. (Peace River) on Ward's negligence claim and in favor of third-party defendant Nationwide Mutual Insurance Company (Nationwide) on the derivative negligence claim brought against it by Peace River. A second order, entered 1 May 1992, granted...

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